U.S. Department of Transportation Docket Management System

1200 New Jersey Avenue

SE Washington, DC 20590 

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of 

the FAA Regulations and certain parts of the FARs. 

Dear Sir or Madam: 

Request: 

In order to provide safe and environmentally-friendly aerial videography and 

photography for public and business interests, I, Windell B Phillips JR, would like 

to formally submit for exemptions from the following Section 333 regulations: 14 

C.F.R. Part 21, 14 C.F.R. 45.23(b), 14 C.F.R. 61.113(a), 14 C.F.R. 91.7(a), 14 

C.F.R. 91.9(b)(2), 14 C.F.R. 91.119(c), 14 C.F.R. 91.121, 14 C.F.R. 91.151(a)(1), 

14 C.F.R. 91.203(a) and (b), 14 C.F.R. 91.405(a), 14 C.F.R. 91.407(a)(1), 14 

C.F.R. 91.409(a)(1) and (2), 14 C.F.R. 91.417(a) and (b), so that I may operate 

the DJI Phantom 3 UAS along the guidelines of the accompanying operator’s 

manual as well as FAA guidelines for UAS flight. 

Background:

I, Windell B Phillips Jr., am a commercially licensed pilot (FAA License 

Number 2847712), with over 15 years experience piloting multiple aircraft 

including the King Air 200, C90A, Embraer 145, ATR 72 & 42, and more. I have 

also operated remote controlled aircraft for over 10 years a hobby. My 

experience flying professionally puts me in a position to operate these sUAS 

systems with a high degree of of confidence that I am operating within all 

applicable local, state, and federal laws, with safety for persons and property my 

highest concern.

Granting this Exemption Does Not Compromise Safety

This particular UAS weighs less than three pounds, will always be flown under 

400 feet, is electrically powered by a lithium ion battery, carries no combustible 

fuel or crew, and will be transported in proper storage to and from all flight areas 

(in accordance with FAA guidelines). These proposed exemptions would allow 
me to operate the DJI Phantom 3 Professional UAS for commercial purposes of 

aerial videography and photography as a service to public and business 

interests, including: real-estate photography and videography, wedding and 

private individual photography and videography, public and commercial 

photography and videography, and agricultural photography and videography. 

Pursuant to exemption No. 12045 (Viglianti), the FAA recently approved similar 

use of the DJI Phantom 3 UAS. These UASs have been proven reliable and safe 

flying machines managed by gyroscopically-stabilized flight, ground detection, 

GPS- aided navigation, a built-in compass, blinking LED lights, manual and 

automatic failsafe modes for returning to the controller, and propeller guards in 

order to protect both the UAS and the environment. This particular model 

combines state-of-the-art, proven technology with high quality manufacturing and 

user-friendly control to ensure safe operation and easy maintenance. 

Specific section or sections of 14 CFR which I seek relief and the reason I seek 

relief: 

14 C.F.R. Part 21: Airworthiness Certificates 

Given the size and limited operating area associated with the aircrafts to be 

utilized by I, Windell B Phillips Jr, an exemption from Part 21 meets the 

requirements of an equivalent level 

April 24, 2015 

of safety under Part 11 and Section 333 of the Reform Act. Pursuant with 

Exemption No. 12045, “in all cases, an analysis of these criteria demonstrates 

that the UAS operated without an airworthiness certificate, in the restricted 

environment and under the conditions proposed will be at least as safe, or safer, 

than conventional aircraft operating with an airworthiness certificate without 

restrictions and conditions proposed.” 

14 C.F.R. 45.23: Display of marks: general 

Because the DJI Phantom 3 The UAS will not have a cabin, cockpit, pilot station, 

fuselage, boom, or tail on which to mark words, numbers, or phrases, I request 

exemption from the above regulation. 
14 C.F.R. 61.113(a) & (b): Private pilot privileges and limitations: Pilot in 

command 

Pursuant to Exemption 12045, “The FAA has previously declared that additional 

manned airship experience of a commercially certified pilot would not correlate to 

the airmanship skills necessary for similarly proposed operations in previously 

issued exemptions to this regulation through Exemption Nos. 11062 and 11138.” 

14 C.F.R 91.7: Civil aircraft airworthiness 

Currently there is no certificate applicable to UAS, and therefore it will be up to 

myself, Windell B Phillips Jr, to determine the airworthiness of the DJI Phantom 3 

in accordance with its official operating manual. Pre-/ post-flight inspections of 

the propellers, motors, frame, landing stands, camera and gimbal will be 

performed before and after each flight, accurate records of which will be kept with 

the UAS’s storage and transportation system at all times. 

14 C.F.R. 91.9 (b)(2): Civil aircraft flight manual, marking, and placard 

requirements 

Pursuant to Exemption 12045, since there are “no pilots or passengers on board 

this aircraft, and given its size, this regulation is inapplicable. An equivalent level 

of safety will be achieved by maintaining a safety/flight manual with the operator.” 

14 C.F.R. 91.119(c): Minimum safe altitudes 

I, Windell B Phillips Jr., will ensure that the UAS does not operate any higher 

than 400 feet at ground level. I will not fly over congested areas. I will plan 

operations before hand for proper flight safety and proper height analysis as to 

avoid collisions. 

14 C.F.R. 91.121: Altimeter settings 

The DJI Phantom 3 utilizes electronic GPS with a barometric sensor with live 

data output to the mobile device attached to the transmitter. An equivalent level 

of safety will be achieved by using this. 

14 C.F.R. 91.151(a)(1): Fuel Requirements for flight in VFR conditions 
The UAS that I will fly is electrically-powered by lithium ion batteries which are 

made by DJI specifically for this particular UAS. They are rated at no longer than 

25 minutes of flight time. Therefore, due to the limitations of the batteries, it is 

currently impossible to comply with part 91.151.

14 C.F.R. 91.203(a) and (b): Civil aircraft: Certifications required 

Currently, there are no procedures for providing airworthiness certificates for the 

mentioned UAS. I, Windell B Phillips Jr., however will always fly safely while 

having the manuals of the DJI Phantom 3. 

14 C.F.R. 91.405(a): Maintenance Required, 14 C.F.R. 91.407(a)(1): Operation 

after maintenance, preventive maintenance, rebuilding, or alteration, 14 C.F.R. 

91.409(a)(1) and (2): Inspections & 14 C.F.R. 91.417 (a) and (b): Maintenance 

records 

Maintenance inspections may be required and should be granted since they only 

apply to aircraft with an airworthiness certificate. However I, Windell B Phillips Jr, 

will perform both preflight and postflight inspections of the UAS before and after 

each flight as outlined in the operating documents. I, Windell B Phillips Jr, will 

also follow manufacturer recommendations from said operating documents. 

Public Interest: 

Aerial photography and videography provided to the public allows for a more 

cost- effective and environmentally-friendly method to capturing imagery than its 

alternative: manned aircraft and helicopters. The latter are expensive, create lots 

of noise, and are much more hazardous due to size and combustible fuel. I, 

Windell B Phillips Jr, in addition to using my UAS for commercial endeavors, will 

also offer my services upon request and with proper coordination to any official 

search and rescue or emergency services organization to benefit the public. 

Given that there is no fuel and no crew on this UAS, that it weighs under three 

pounds and has propeller guards, as well as having a low maximum speed (less 

than 25mph), safe operation of this craft does not pose any immediate danger to 

the environment, wildlife, or people. Given its GPS and ground- sensing 

capabilities, a “return” mode will safely return the craft to myself, Windell B 

Phillips Jr, at the push of a button or automatically when the craft is low on power. 

This ensures that the craft will not remain airborne in unsafe conditions. 
The addition of UAS-controlled aerial video and photography provides both public 

and commercial sectors with an environmentally-friendly and cost-effective 

means by which to obtain photography and videography services. Because of 

this, an increase of commercial activity and a gaining of more detailed 

understanding of private and/or farm land would help local and area communities 

by: reducing pollution, risk, and operating costs by alternative aerial video and 

photography services such as manned airplanes and helicopters, reducing 

carbon emissions and traffic congestion by vehicles looking to view 

properties such as real-estate or farm land, and increase visibility to local 

attractions thereby bolstering local commerce and tourism. 

Summary 

I, Windell B Phillips Jr, am seeking exemption from the following rules: 14 C.F.R. 

Part 21, 14 C.F.R. 45.23(b), 14 C.F.R. 61.113(a), 14 C.F.R. 91.7(a), 14 C.F.R. 

91.9(b)(2), 14 C.F.R. 91.119(c), 14 C.F.R. 91.121, 14 C.F.R. 91.151(a)(1), 14 

C.F.R. 91.203(a) and (b), 14 C.F.R. 91.405(a), 14 C.F.R. 91.407(a)(1), 14 C.F.R. 

91.409(a)(1) and (2), 14 C.F.R. 91.417(a) and (b) With the exemptions of the 

mentioned rules I, Windell B Phillips Jr, will be seeking to make my UAS 

photography/videography services available to public and commercial interests. 

Alternatively, public and commercial interests had previously sought the use of 

manned aircraft to achieve what I can offer in a safer, more cost- efficient and 

environmentally-friendly manner by not using combustible fuel, flying at safe 

heights and strictly following the usage recommendations from DJI. These 

include but are not limited to: 

" Flying the DJI Phantom 3 safely in accordance with its operator’s manual

" Always flying below 400 feet

" Thorough inspection of UAS before and after flights and keeping inspection 

records with the craft at all times

" Keeping the UAS in visual sight at all times when in operation

" Using an observer to assist if needed

" Remain safely clear of and do not interfere with manned aircraft operations

" Not intentionally fly dangerously over unprotected persons or moving vehicles

" Contact an airport or control tower before flying within 5 miles of their vicinity

" Not flying in adverse weather conditions such as high winds, rain, or impaired 
visibility "Not flying under the influence of alcohol or drugs

" Ensure the operating environment is safe

" Not flying over sensitive infrastructure or property such as power stations, 

water treatment facilities, correctional facilities, etc.

" Check and follow all local laws and ordinances before flying over private 

property

" Do not conduct surveillance or photograph persons in areas where there is 

an expectation of privacy without the individual's permission 

Sincerely, 

Windell B Phillips Jr

CEO AeroPro Videos

9390 Milbank Dr.

Shreveport, LA 71115

(318)-470-1314

bophillips@me.com